- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 04 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive whether any official or minister will attend the Working Party on Substantive Criminal Law in Brussels on 4 to 5 March 2003 which is discussing prevention and control of trafficking in human organs and, if so, what matters will be raised on the Executive's behalf.
Answer
No. The Scottish Executive was represented at the Working Party on Substantive Criminal Law in Brussels on 4 to 5 March 2003 by UKRep. Scottish Executive ministers and officials do attend working group and European Council meetings as necessary as part of our regular engagement with the European Union. The Executive's views on devolved issues are taken fully into account in the development of the UK position for working groups and Councils, and Scottish Executive officials remain in close touch with Whitehall on this and other EU issues.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 05 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive, further to the answers to questions S1W-25983 and S1W-32815 by Mr Jim Wallace on 29 May 2002 and Hugh Henry on 13 January 2003 respectively, whether any performance points have yet been accrued by the operators of HM Prison Kilmarnock as a result of the stabbing of a prison custody officer on 15 May 2002 and, if so, for what quarter such points were accrued.
Answer
No. The incident is still subject to police procedures.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 05 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive what the quarterly baseline total, as defined in paragraph 3 of Schedule F of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock, has been in each quarter since the opening of HM Prison Kilmarnock.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:I refer the member to the following table.
| Performance Year | Performance Quarter | Baseline |
| Year 1 | 1 | 408 |
| 2 | 685 |
| 3 | 685 |
| 4 | 685 |
| Year 2 | 1 | 651 |
| 2 | 675 |
| 3 | 697 |
| 4 | 690 |
| Year 3 | 1 | 664 |
| 2 | 656 |
| 3 | 659 |
| 4 | 700 |
| Year 4 | 1 | 636 |
| 2 | 629 |
| 3 | 629 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 04 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive how many convictions were obtained in 2001 under sections (a) 47, (b) 48(2), (c) 49, (d) 49A and (e) 50(4) of the Criminal Law (Consolidation) (Scotland) Act 1995, broken down by sheriff court district.
Answer
In 2001, there were two, zero and four persons respectively with a charge proved where the main offence was under section 48(2), section 49A and section 50(4) of the Criminal Law (Consolidation)(Scotland) Act 1995. The numbers of persons with a charge proved under sections 47 and 49 of the 1995 act are given in the following table.Persons with a Charge Proved Under Sections 47 and 49 of the Criminal Law (Consolidation) (Scotland) Act 1995
1, 2001
| Court | Section 47 | Section 49 |
| All courts2 | 1,425 | 1,270 |
| Sheriff Courts |
| Aberdeen | 39 | 23 |
| Airdrie | 34 | 25 |
| Alloa | 4 | 5 |
| Arbroath | 11 | 5 |
| Ayr | 29 | 21 |
| Banff | 2 | 1 |
| Campbeltown | 0 | 3 |
| Cupar | 12 | 2 |
| Dingwall | 0 | 1 |
| Dumbarton | 33 | 38 |
| Dumfries | 14 | 9 |
| Dundee | 48 | 38 |
| Dunfermline | 6 | 6 |
| Dunoon | 1 | 5 |
| Duns | 2 | 1 |
| Edinburgh | 88 | 88 |
| Elgin | 10 | 7 |
| Falkirk | 23 | 17 |
| Forfar | 3 | 5 |
| Fort William | 2 | 3 |
| Glasgow | 602 | 529 |
| Greenock | 41 | 43 |
| Haddington | 14 | 8 |
| Hamilton | 128 | 108 |
| Inverness | 14 | 5 |
| Jedburgh | 6 | 6 |
| Kilmarnock | 53 | 63 |
| Kirkcaldy | 24 | 22 |
| Kirkcudbright | 0 | 2 |
| Kirkwall | 2 | 2 |
| Lanark | 16 | 15 |
| Lerwick | 0 | 1 |
| Linlithgow | 25 | 14 |
| Lochmaddy | 0 | 1 |
| Oban | 0 | 1 |
| Paisley | 55 | 78 |
| Peebles | 2 | 0 |
| Perth | 15 | 12 |
| Peterhead | 10 | 4 |
| Rothesay | 2 | 7 |
| Selkirk | 9 | 5 |
| Stirling | 10 | 11 |
| Stonehaven | 6 | 1 |
| Stornoway | 2 | 0 |
| Stranraer | 5 | 2 |
| Tain | 2 | 1 |
| Wick | 4 | 3 |
| District Courts |
| Aberdeen City | 0 | 2 |
| Aberdeenshire | 2 | 9 |
| Argyll and Bute | 0 | 2 |
| Dundee City | 1 | 0 |
| East Lothian | 2 | 2 |
| Edinburgh, City of | 0 | 2 |
| Fife | 2 | 0 |
| Glasgow City3 | 1 | 3 |
| Highland | 3 | 0 |
| Moray | 1 | 0 |
| North Lanarkshire | 2 | 0 |
| Scottish Borders | 0 | 1 |
| West Dunbartonshire | 1 | 0 |
| West Lothian | 1 | 0 |
Notes:1. Where main offence.2. Includes a small number of cases dealt with in the High Court.3. Includes stipendiary magistrates court.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 03 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive how incidents of fighting as a breach of prison discipline are recorded for the performance indicators contained in paragraphs 2.2(a) and 2.2(b) of Schedule F to the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Ltd for the Design, Construction, Management and Financing of a Prison at Kilmarnock.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Fights are regarded, for performance points purposes, as "assaults" with points being awarded according to the number of individuals found guilty of being participants and according to the severity of any injuries sustained. If it is proven that an individual's actions have been limited to self defence, no points are awarded.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 03 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive how incidents of fighting as a breach of prison discipline are recorded in respect of the accrual of performance points under Schedule F to the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Ltd for the Design, Construction, Management and Financing of a Prison at Kilmarnock.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:I refer the member to the answer given to question S1W-34410 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_wa.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 03 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive, further to the answer to question S1W-33537 by Mr Jim Wallace on 27 February 2003, why it is unable to provide a record of offences of violence at HM Prison Kilmarnock reported to the procurator fiscal.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Because it is a matter for the police.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 03 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive, further to the answer to question S1W-33537 by Mr Jim Wallace on 27 February 2003, how many incidents of alleged (a) assault and (b) fighting have been dealt with in the orderly room at HM Prison Kilmarnock in each quarter since the prison opened.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Quarterly figures are not available. The numbers of charges laid in each year alleging such breaches of prison discipline are listed in the following table.
| | Assault | Fighting |
| Year One | 74 | 45 |
| Year Two | 34 | 40 |
| Year Three | 34 | 54 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 04 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive, further to the answer to question S1W-34139 by Mr Jim Wallace on 28 February 2003, what the nature was of the incident of failure to comply with agreed reporting procedures at HM Prison Kilmarnock in quarter three of performance year four of the prison's operation.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:During a routine cell search a home made weapon was found. This was reported but not in accordance with the timescale laid down in SPS reporting procedures.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 27 February 2003
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Current Status:
Answered by Jim Wallace on 12 March 2003
To ask the Scottish Executive whether the key performance indicator shown on page nine of the Scottish Prison Service (SPS) Annual Report and Accounts 2001-02 in respect of the average annual cost per prisoner place is for uncrowded prisoner places and what the reasons are for the position on this matter.
Answer
The Key Performance Indicator (KPI) on cost per prisoner place, set out in the SPS Annual Report and Accounts 2001-02, is based on "design capacity" and not on the actual number of prisoners. The KPI measure is computed in this way to avoid the problems that fluctuations in population numbers would create and to provide a consistent base to measure performance over time.This indicator has been used since the SPS was established as an executive agency in 1993.
